A national-level cap will be newly introduced on setback distance regulations for renewable energy power generation facilities, which have varied by each local government. Until now, power project developers have faced difficulties in predicting permitting outcomes and dealing with limited business site options.

The State Council recently approved a partial amendment to the Enforcement Decree of the Act on the Promotion of the Development, Use, and Diffusion of New and Renewable Energy. This amendment details the delegated matters from the revised Act on the Promotion of the Development, Use, and Diffusion of Renewable Energy passed in March, and unifies the scope of regulations previously established by ordinances in 129 out of the nation's 228 municipal governments.

In the past, setback distances varied significantly by region, ranging from 100 to 1000 meters for solar power and 100 to 2000 meters for wind power. Accordingly, the government has clearly established setback distance caps as follows:

• Solar: A maximum of 200 meters from residential areas (5 or more housing units). No setback distance may be required from roads. • Wind: A cap can be set within 1,500 meters from residential areas and 500 meters from roads. Taking safety into account, a minimum distance of twice the facility height is mandated (e.g., a 200m-tall facility requires at least a 400m setback).

This cap serves to prevent local governments from imposing stricter regulations. For example, a local government with an existing solar setback distance ordinance of 300 meters must amend its ordinance to 200 meters or less, but one that has set the distance at 100 meters is not obligated to make amendments since it already meets the Enforcement Decree standards.

Meanwhile, certain power facilities and specific areas are exempted or excluded from the setback distance regulations. Resident-participatory power generation facilities, building-rooftop solar installations, and self-consumption solar facilities are excluded from the regulations, which is expected to improve public acceptance and expand related businesses. Historic and cultural environment preservation areas, protected zones, ecological and landscape conservation areas, tourist destinations and complexes, and natural settlement districts have also been designated as exception areas under the Presidential Decree.

In addition, as the existing legal framework that previously covered both renewable energy and hydrogen has been separated, the relevant enforcement decrees have been reorganized into the "Renewable Energy Act Enforcement Decree" and the "Hydrogen Act Enforcement Decree." The Ministry of Climate, Energy, and Environment plans to hold briefing sessions for municipal governments nationwide before the law takes effect on September 18 to guide them in smoothly amending their ordinances.

Lee Kyung-soo, Director-General of Renewable Energy Policy at the Ministry of Climate, stated, "This amendment sets a national-level cap on setback distances that previously varied by region, thereby enhancing the predictability of renewable energy projects while also taking public acceptance into consideration." He added, "Through continuous communication with local governments, we will ensure that the system takes root stably in the field and contributes to the expansion of renewable energy deployment."